Nyrstar shareholders file petition for interim measures while Antwerp investigates forgery claims

The claimant shareholders are requesting the court to appoint a provisional administrator to the company for a period of 12 months or until a decision with res judicata effect is rendered in the proceedings.

Nyrstar was placed under suspicion of alleged forgery, the use of false annual accounts and the misuse of corporate assets by the examining magistrate's office in Antwerp on June 8.

Nyrstar owns one of the world’s largest multi-metal smelters processing lead, silver, zinc fume and copper matte, in South Australia. The company also has a zinc smelting operation close to its headquarters in the Netherlands, and a historic zinc refining plant in France.

The claimant shareholders want a provisional administrator to take over all tasks of management and administration in the broadest sense, both active and passive, including the signing authority of a director and therefore carry out all acts of management in the interest of the company.

The administrator should also be tasked to determine Nyrstar's position in pending and any new legal proceedings, as well as to bring any necessary criminal or civil claims in the name and on behalf of the company.

In subordinate order, the claimant shareholders also request the appointment of an ad-hoc trustee within the company for a period of 12 months with possibility of extension, with full authority to conduct the legal proceedings on behalf of the company, particularly to determine Nyrstar's position in pending and future proceedings, including the pending Antwerp criminal investigation.

Nyrstar continues to contest the allegations of another group of shareholders where the claim stemmed from, including their request that the company be ordered to pay the costs of the proceedings.